Survey of living persons is an examination of citizens for damage to the body. Such a procedure is carried out, as a rule, to clarify the circumstances of the commission of unlawful actions. Survey can be appointed by decision of the court or other special authority. In some cases, the procedure is performed forcibly. Let us consider in more detail the rules of survey.
General information
Inspection of citizens is carried out in a specialized medical institution. More thorough examination of persons, clothing research is performed by a forensic laboratory. The procedure is performed on the day of treatment after the crime. In this case, specialists can identify significant facts of evidence. Over time, traces of crime are erased, regenerative processes occur in the body. Therefore, conducting a medical examination after any period becomes impractical.
Objectives of the procedure
Referral for examination may be due to various reasons. The purpose of the procedure may be to identify "special signs" of the suspect (tattoos, scars, etc.), traces of the crime, bodily harm. Often performed a survey on the state of intoxication. During the procedure, the specialist reveals the presence of scratches, damage and other marks that indicate damage to health. In addition, the forensic laboratory has equipment that allows you to determine the type of weapon with which the damage was done. During the procedure, the citizen’s clothing is often inspected.
Responsibilities and Responsibilities
The procedure is performed by a forensic doctor. Before starting the inspection, he is obliged to talk about the responsibilities and obligations of the persons participating in it. This point is extremely important for obtaining reliable information, especially when examining the victims. The fact is that often citizens try to cause bodily harm in a somewhat exaggerated form in order to toughen the punishment for their offender or receive a discount on treatment. In this regard, the doctor must explain the degree of responsibility and explain the likely consequences of such actions.
Who performs the procedure?
The passage of the survey may be due to various events. For example, a citizen who has been attempted to kill has been examined. In this case, the procedure is performed by a medical expert. The purpose of a specialist is to detect traces of a crime. In some cases, the examination of living persons is carried out by the investigator. However, an employee can only inspect hands and face. To study the remaining parts of the body, the participation of a doctor is necessary. Psychiatric examination of living persons is carried out by a competent physician. He must have some experience in such work in order to quickly and accurately determine the state of a citizen.
Opt out
Quite often a medical examination of drivers is performed. This procedure is necessary to establish the presence of traces of alcohol in the body. A medical examination for intoxication is usually carried out directly at the place of detention. Traffic police have the necessary equipment for its implementation. The procedure is performed if the policeman has doubts about the sobriety of a citizen who is driving. In some cases, the detainee is resisting. A police officer has the right to use force and perform a compulsory examination for alcohol. However, this measure is considered extreme.
Passing the survey
Examination, as a rule, begins with the scalp. In this part, various microparticles from the scene of the incident may be preserved. Examination of living persons is accompanied by examination of the auditory canals and nostrils. Microparticles and dust may also be present. The areas under the nails are studied with special care. There may be particles of living tissue from the criminal, hair, and other biological material that can identify the suspect. The hands are examined, because they can be scratched, traces of weapons, wounds, bruises. Survey of living persons is carried out without the participation of witnesses. The investigator, however, has the right to invite them if necessary. The law has a restriction. In particular, if the examination of the victims or other participants in the case requires their exposure, the investigator is forbidden to attend the procedure. The inspection procedure is established in Art. 181 Code of Criminal Procedure. After the procedure is completed, a protocol is drawn up (a sample is presented in the article). Surveys are considered very important and necessary procedures in the proceedings.
Reasons for
The most common reasons for which an examination is assigned should include:
- Definition of personal injury: prescription, nature and severity, degree of loss of general disability, mechanism of occurrence, type of weapon that caused them.
- Establishment in case of sexual crimes and controversial conditions: puberty, true sex, former contact, pregnancy, sexual ability, abortion and childbirth, the likelihood of rape.
- Determination of suspected intentional injury to health or a change in its nature: simulation, general well-being, artificially provoked pathology, aggravation, self-harm (self-harm).
- Identification of personality, age.
Survey Results
They are taken into account in the proceedings. The specialist’s conclusion should contain a description of all the identified damages, the results of the analyzes. When inspecting clothing, the document includes a description of the signs and traces of the crime. The conclusion is signed directly by the specialist. The results of the inspection are transmitted to the person by whose decision it was performed. After the procedure, the citizen is provided with the necessary medical care.
Thorough examination
There are times when a survey alone is not enough. In such situations, a citizen is subjected to a full examination. It is called a forensic examination. If this procedure is performed on an outpatient basis without the participation of an investigator, the doctor must identify the citizen using a passport or other document that contains his photo and name. These data are indicated in the conclusion. During the examination, the expert can take the help of other specialists. If necessary, he also performs a blood test and other tests. During the examination, the specialist finds out certain details of the incident, the circumstances of the incident, if this is related to the issues that it solves.
Description Features
During the examination, all damage is characterized separately. The description indicates the localization, existing pollution and other features. A correctly drawn up characteristic allows you to form a motivated opinion regarding the sequence and prescription of the infliction, the mechanism of education, the relative position of the victim and the offender during the application, and so on.
Severity
As a bodily injury in forensic medicine, harm is caused to health, which is expressed in violation of the physiological functions of organs, systems and tissues, their anatomical integrity under the influence of an external factor. An examination is required to determine the nature of the damage. Only in extreme cases, the examination is carried out according to available documents. Before determining the severity of harm, the specialist solves a number of other issues. They, in particular, relate to the nature of the injuries themselves (wound, abrasion, bruising, scratch, and so on), the features of their appearance, the limitation of their application, etc. The determination of the degree of severity will depend on how correctly these issues are resolved.
Sequence
The nature and presence of damage is established during the survey. Based on these indicators, the specialist determines the level of their danger to the life of the victim at the time of application. If it is determined that the damage posed a threat, then it is classified as serious. Its consequences cannot affect the establishment of a degree. If the damage is not recognized as life-threatening, the severity is determined by the consequences. The conclusions drawn by the specialist should be reasonable. In this case, the doctor must indicate in the conclusion which particular signs and provisions of the Rules served as the basis for the qualification of existing injuries.
Health Establishment
The need for its determination arises in cases where authorized persons have doubts about the ability of the injured or other participant in the events to correctly perceive what is happening, to give the correct explanations regarding the circumstances. Such an examination is also prescribed when the victim, witness or other subject refuses to attend the trial due to poor health. Events of this nature, due to their complexity, are carried out by specially formed commissions. Highly qualified specialists are involved in the examination . If necessary, the expert is placed in a hospital. During the examination, a thorough analysis of the data that relates to the appearance and development of a particular disorder is performed. In particular, the clinical picture, complaints, information from available medical documents and so on are being investigated.
Disability
The question of determining it, as a rule, arises in the case when the criminal is charged with material compensation for damage caused, claims are being considered against parents regarding the maintenance of minors, against children from disabled or sick parents, etc. Determination of temporary loss of ability to carry out professional activities is carried out by medical control commissions, specialists of polyclinics and hospitals.
Definition of AIDS infection
A procedure of this nature is often carried out during rape proceedings. Intentionally infecting or creating such a danger for another person is a criminal offense. The virus is found in the body fluids of the victim (saliva, blood, seminal fluid). During the examination, an infectious disease specialist is involved. If necessary, a bacteriologist can be called.
Self-mutilation and simulation
As a rule, such examinations are carried out in relation to persons evading service. Such citizens face criminal liability for failure to fulfill military duties. In case of any suspicion of the artificial nature of the disease, the person is subject to hospitalization. In the medical institution, dynamic monitoring of the patient is organized. The examination is carried out by a commission of several doctors. In their conclusion, they indicate the disease that was identified, signs and cause, indicating its artificial nature.
Age setting
A need of this nature arises when there are no documents identifying a citizen. Determining age is important when holding juveniles accountable and in a number of other cases. It should be said that the older the person, the more difficult it is to establish how old he is. So, for example, in infants, age determination is carried out with an accuracy of 1 month, in adolescents - up to 1-2 years, adults - up to 5 years, in citizens after 50 - up to 5-10 years. During the examination of children, a number of factors are taken into account. In particular, the weight, height, size of certain parts of the body, the time of eruption, shift, and the level of tooth wear are taken into account. Signs related to puberty are also significant (the appearance of hair on the upper lip, pubis, armpits, pigmentation of the skin, penis and scrotum, the beginning of the menstrual cycle, etc.). At an older age, such features as the severity of wrinkles, the degree of elasticity of the cover, etc. are taken into account. when establishing age, an x-ray is performed. It allows you to identify morphological changes in the bones.
Definition of sexual conditions
The need for such a procedure arises both in criminal proceedings and in civil cases. In some cases, the structure of the external genitalia does not correspond to either the male or female type. This is due to the presence of a variety of anatomical malformations in the embryonic period. In rare cases, hermaphroditism (bisexuality) can be established. In the process of determining the actual gender, a set of indicators is taken into account. The frequency of menstruation, pollutions, degree of attraction, structural features of the genital organs, the state of secondary signs, the work of the reproductive system as a whole are taken into account. Gender determination is carried out by determining the chromosome set.
Sexual integrity
Its definition is crucial in the investigation of sexual offenses. Establishment of virginity, signs of sexual contact is necessary when qualifying actions against minors, attempts to rape, cohabiting with minors. Examination in such cases is carried out in the presence of third parties from among the medical staff. Before performing the inspection, specialists verify the identity of the documents.
Sexual and reproductive ability
Their establishment is considered a rather rare procedure. As a rule, the need to determine the sexual ability and activity of reproductive function arises in the investigation of rape, consideration of claims for alimony, divorce. Such an examination is also prescribed when determining the severity of damage that entailed the loss of such abilities.
Features of sex-related examinations
During a forensic medical examination of rape cases, experts answer the following questions:
- Was the victim devoid of virginity and for how long?
- Are there signs of sexual contact?
- What are the consequences after sexual intercourse?
- Are there injuries on the body, what is their nature, appearance mechanism, localization, severity, prescription?
In addition to a violation of the anatomical integrity of the integument in the groin, sexual contact will indicate:
- Infection with a sexually transmitted disease with localization in the genitals.
- The presence of sperm in the vagina.
- Pregnancy, the period of which coincides with the period of limitation of rape.
Also, various traces and microparticles may be present on the clothes of the victim. As for injuries, abrasions, scratches, cuts and other signs indicating a woman’s struggle with the rapist may be present on the body. Their localization and nature are compared with the woman's testimony about the circumstances of the incident.
Conclusion
Thus, the examination and thorough examination of the victims are crucial in the investigation of criminal cases and the consideration of civil claims. A timely procedure, a well-written description of the damage can reliably determine the degree of their severity. On the basis of the information received, the court forms an opinion, in accordance with which it establishes a certain punishment, makes a specific decision on the case.